It requires schools to employ the lowest possible standard of proof -- a preponderance of evidence -- in disciplinary hearings....
Violence prevention programs mandated by the SaVE Act are almost as worrying as the mandatory disciplinary proceedings. Schools must conduct prevention and awareness programs for all new students and employees. In addition to providing relatively objective information about reporting, protective measures, and disciplinary procedures, administrators must lay down the law on highly subjective matters, like "the elements of healthy relationships" and "bystander intervention" -- the "safe and positive options" open to someone who perceives a risk of violence or stalking.
Prevention programs must also include a "definition of consent in reference to sexual activity," a requirement reminiscent of the notorious, unself-consciously absurd sexual consent guidelines issued by the late Antioch College in the 1990s. Its detailed prescription for consensual sex included these mandates: "The person(s) who initiate(s) the sexual activity is responsible for asking for consent. The person(s) who are asked are responsible for verbally responding. Each new level of sexual activity requires consent."
Policies like these are easily mocked, but there's nothing funny about the prospect of enforcing them with little regard for due process.
April 27, 2011
"The SaVE Act implicitly assumes the guilt of students accused of sexual violence or stalking and ensures that guilt is fairly easy to establish."
Writes Wendy Kaminer in The Atlantic: